How to Write a Public Comment That Counts | Rulemaking 101

Transcript

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Welcome back to Federal Register Daily, the show where we turn government paperwork into plain English. Today we're covering something you can use right now: how to write a public comment that actually counts. We'll look at the law that gives you this right, a real case where one commenter's input changed a federal rule, and two rules open for comment today, with their deadlines. If you're new here, hit subscribe so you never miss a chance to have your say in Washington. Let's get into it.

Most comment periods trace back to one law: the Administrative Procedure Act. Under 5 U.S.C. 553, agencies must, quote, give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments. That's the legal foundation for notice-and-comment rulemaking.

Quick recap: Federal law gives interested persons the right to submit written comments on proposed rules.

But submitting a comment isn't just about being heard, it's about being considered. The same statute says, after consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. In plain terms, agencies can't just collect comments and ignore them. They have to actually weigh what's relevant, and explain their reasoning when they issue the final rule. That's why, when you read a final rule in the Federal Register, you'll often see the agency responding directly to specific comments, and explaining why it made a change, or why it didn't.

Quick recap: The law requires agencies to consider relevant comments and explain their reasoning in the final rule, not just collect input.

Let's see this play out in a real rule. In March 2024, VA finalized changes to its disability rating schedule for the digestive system. One commenter zeroed in on a technical inconsistency in the esophageal stricture criteria. Under the proposal, refractory strictures could get a thirty percent rating when dilatation happens no more than two times per year. The commenter questioned how a refractory stricture could warrant thirty percent if, by definition, it requires five dilatations per year. VA agreed. The agency revised the rule so the thirty percent criteria only covers recurrent esophageal strictures, while the fifty percent level covers both recurrent and refractory strictures. That's the power of a comment that points to something specific and explains exactly why it matters.

Quick recap: A commenter flagged a specific inconsistency in VA's esophageal stricture criteria, and VA agreed and changed the final rule.

Right now, there's a proposal open for comment that shows this process in action. The State Department wants to expand online passport renewal to Americans living overseas, and drop the current rule that your old passport must have a year or less of validity left to qualify. The department says, the Department of State will accept comments until October 27, 2026. As of September 13, Regulations.gov listed four comments. If you've dealt with renewing a passport from abroad, your experience is exactly the kind of specific input a comment can offer. Address the specific change you support or oppose, and get it in before the deadline.

Quick recap: State's passport renewal proposal is open for comment until October 27, 2026, and Regulations.gov listed four comments as of September 13.

Here's a different kind of comment opportunity. HHS just issued an interim final rule pausing certain agent and broker registrations on the health insurance exchanges. Because HHS found good cause under the Administrative Procedure Act to waive prior notice and comment, this rule already took effect on September 22, 2026. But HHS still invites public comment and says it will consider comments in deciding whether to keep, change, or cancel this rule. The deadline is November 21, 2026, and as of September 25, Regulations.gov listed 40 comments. Whichever rule you're commenting on, always check the ADDRESSES section for exactly where and how to file, and explain your own experience or reasoning. Specific comments give the agency more to work with.

Quick recap: HHS's interim final rule on agent and broker registration is already in effect, but comments are open until November 21, 2026, and Regulations.gov listed 40 comments as of September 25.

Thanks for spending time with us on Federal Register Daily. Comments like the ones we saw today, specific, well-reasoned, tied to real experience, give agencies the most to work with. Subscribe so you catch new episodes of Rulemaking 101. Tell us in the comments: have you ever submitted a public comment, or is there a rule you're thinking about weighing in on? And take a look at those two open comment periods before their deadlines.